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In this editorial the author makes a clear point about the controversy with excessive bail. She views the American excessive bail system as discriminatory and complicated due to the fact that it causes a distinction between the poor and the wealthy. She even states that 87% of the defendants that were accused of non-felony crimes remain in jail for not being able to pay a bail of 1,000 or less. Even the executive director of National Association for Criminal Defense Lawyers argues that bail usually helps the defendant from a guilty plea. She supports the effort to change the bail system by supporting what The Bronx Defenders are doing such as, educating judges on alternatives to cash bail like property or other forms of insurance. However, money is not the necessary driving factor since bail should ensure people to show up to court. Therefor the cash bail system will remain until better alternatives come into play.
She isn't really impacted by her background because she is just a staff writer for CBS drama series
In this editorial the author describes the controversy when it comes to a judge making a decision on bail for a defendant. In this case Abdi Abukar was accused of second-degree drug sale and third-degree drug possession and was released with bail at 20,000. But then the following day he was part of a shooting scandal and the law enforcement had to catch him knowing that he was convicted and released on bail. For law enforcement its really frustrating because they have to take time out of their day to get the defendants that were once convicted behind bars because they are a danger to the public. However, Charles Kjos, a county court administrator, wants to convince people to know that bail decisions have nothing to do with judges.The judges do what's best based off of their legal principles because bail is not meant to be punitive.But also the judges needed to be discrete when setting a bail because if the defendant commits a big crime then they shouldn't even have a bail set for them because they are a danger to the public.Therefor , the Olmsted County needs eight judges chambered so they could make reasonable bail prices for the defendant, so Abdi Abukar and the other defendant remain in custody for a $1 million bond to show up to court on Wednesday.
In this editorial written by the author , who experienced jail time , supports the idea of eliminating laws that keep bond premiums out of reach of the less fortunate. Cash bail unfortunately can't be eliminated since it will always remain in all the states, but it can be reformed in some way to keep all the non-convicted poor people out of pretrial detention. She believes that it's unfair for poor people to be in pretrial detention for non-violent crimes. She even mentions that out of the non-convicted defendants behind bars 75% have committed non-violent crimes such as, "petty property or drug crimes", according to the American Bar Association's Pretrial release Task Force. Also she proves the point that pretrial detention causes more danger to the public because the percentage of re offending increases more as the defendant spends more time in detention. Also the bond industries tend to have high bonds so only the ones with the ability to pay can get out. Therefore raising bond amounts keeps more people in jail. She wants the bond premium minimums to decrease so more people can afford it and obtain excessive bail since most of the defendants haven't committed a violent crime.
She clearly supports a cheaper bond premium because she was once sentenced to prison for five years and it all went wrong in her trial. First of she was denied the right to have a pre-sentence investigation and second the judge decided to sentence her without her attorney being prepared. Therefore, from that moment on Chandra Bozelko started to fight for prisoners rights and even made her own blog about her prison experiences titled, " Prison Diaries". It seems clear that she herself has seen defendants that are just sitting in prison for a small crime that they have committed like herself such as stealing jewelry.
The author in this editorial provides two arguments on the base of whether or not cash bail is unconstitutional. The bail system favors the wealthy more than the poor because it sets a distinction between them, but the bail agent group still supports the idea of the bail system . Its proven by the lawsuit that the lawyers are facing for Patterson, Rianna Buffin and other inmates , who argue that San Francisco and California's bail system unconstitutionally treats poor and wealthy suspects differently. Therefor, the poor defendants plead guilty to minor crimes they didn't commit so they can leave jail as soon as possible because they can't afford the bail price and some defendants don't have as much property to put up for post bail. Meanwhile, San Francisco's cash bail system would be temporarily suspend until the lawsuit is resolved. Although, the president of the bail agents group, Maggie Kreins, argues that the insurance backed bail bond is better at getting people to show up to court and it helps the public save on costs for hunting down bail jumpers.
The author points out that the controversy will continue since the division between the poor and the rich will always remain.But if there's a victory in San Francisco and the elimination of cash bail in the city will most likely lead to the abolition of cash bail in all state's 58 counties,
In this editorial written by a graduate of Yale Law School highlights the controversy for profit behind bail, which seems to be illegal globally. For one part four states and American Bar Association/ National District Attorneys Association dislike the bail bond business. Where Illinois, Kentucky, Oregon and Wisconsin abolish commercial bail bonds and rather rely on systems that require deposits to court instead of to private businesses. Also bond companies do not only compete on the price, they have the motive to interact with lawyers, the police, judges and police officials to make sure the bail is set high and to get more clients they are more favored by.
However, Bill Kreins argues that the bail system is the best in the world because it doesn't cost taxpayers anything and its more effective in making defendants show up. Mr. Spath also agrees with that point because he owns a private bail company that makes tons of money out of the bail bonds and rarely looses money because he makes sure the defendants show up to court. Therefore, he argues that it all should be place in the hands of the private bail bond companies because it doesn't cost tax payers anything and they do their job better. Clearly, Adam doesn't choose one side.